How to Get Letters Testamentary When Someone Died and You Need to Sell Their Real Estate in New York

If you’ve been named the executor of someone’s estate and need to sell their New York property, letters testamentary are your first step. This post explains how to get them (and how to make sure they’re up to date) so you can handle the sale smoothly.

How to get letters testamentary to sell a deceased person’s home in New York?

1. Learn about letters testamentary in NY: why do you need them to manage an estate?
2. When are letters of administration used in New York?
3. How do preliminary letters testamentary help executors act quickly?
4. Get to know limited letters of administration: when is authority restricted and why?
5. How do ancillary letters testamentary help you handle NY property from out of state?
6. Why do you need letters testamentary to sell property: what do they prove?
7. Guide to getting letters testamentary: documents, filings, court requirements.
8. What’s the typical timeline for obtaining letters of administration?
9. What are the pitfalls to avoid when applying for letters testamentary?
10. When do letters testamentary expire in New York? What can you do to renew them?
11. How to get updated letters testamentary: tips for keeping your authority current.

What are letters testamentary in New York?

Letters testamentary are written documents issued by the court. They confirm that you are the duly-appointed executor of someone’s estate.

What are letters testamentary used for?

Letters testamentary are your proof that you have the legal authority to act on behalf of the estate (that you’re not just some random person trying to access a deceased person’s bank account). You need them to manage assets, settle debts, pay taxes, and, yes, sell property.

When selling a deceased person’s real estate, you’ll need to have physical copies of your letters testamentary on hand to show the title company, the mortgage lender, banks, the co-op board: basically anyone you have to deal with in an official capacity.

What are letters of administration in New York?

Letters of administration are very similar to letters of testamentary, but with one key difference: they’re only issued when someone dies without a will. Otherwise, letters of administration give you the same powers as letters testamentary.

What are preliminary letters testamentary in New York?

Preliminary letters testamentary are issued when an estate needs attention right away, but the probate process is expected to take a while. They give you most of the same powers as full letters testamentary, except a preliminary executor may not distribute assets to heirs yet.

Why might probate be delayed?

Often because the estate is complicated. For example, let’s say you’re the executor of your aunt’s estate, and there are 30 cousins listed as beneficiaries who all need to be located. Just tracking everyone down could take months, even years.

So why might you need early authority?

You’ll have to show the court that there’s an urgent reason. Think: a property with a pest infestation that could spread to neighboring units, a diseased tree that could fall and injure someone, or a leak that, if ignored, could cause major damage and balloon the cost of repairs. Situations like these require action sooner rather than later.

One more thing: not every county in New York issues preliminary letters testamentary. A seasoned probate attorney will know which courts do (and which ones aren’t worth asking).

What are limited letters of administration in New York?

Limited letters of administration are similar to preliminary letters, but they come with even tighter restrictions. Courts issue them when a specific task needs to be done, but the administrator shouldn’t have full authority over the estate yet.

Limited letters are common when the deceased was involved in a lawsuit (for example, a medical malpractice claim or a car accident case). They allow you to start or continue the lawsuit, but not settle it, collect proceeds, or distribute them.

There are also county-specific rules. For instance, the Bronx always restricts letters of administration when real estate is involved. You can enter into a contract to sell the property, but you can’t close the sale until you return to court and post a bond. An experienced probate attorney will be familiar with local rules and can guide you through them.

What are ancillary letters testamentary in New York?

Ancillary letters testamentary are issued when the deceased owned some assets in New York, but dies a resident of another state or country. Ancillary letters give the executor the authority to manage the New York assets (most commonly real estate).

What if the decedent lived out of state but owned New York real estate?

If the deceased lived out of state but owned New York property, the executor must have authority in New York before they can sell the property. For more detail on this, see my longer post about selling New York real estate from abroad.

Can a non-resident executor get letters testamentary for New York property?

Yes, New York does allow non-residents to serve as executors if eligible. But a non-US citizen who doesn’t live in New York is not eligible.

In New York, non-US citizens can be executors, but only if they reside in the state. You must prove that you are a New York resident not only when applying for executorship, but also whenever you are acting as the executor. And in order for your letters testamentary to remain valid, you must stay a New York resident.

Why do you need letters testamentary to sell real estate in New York?

 You need letters testamentary because they prove you have the legal authority to act on behalf of the estate. Title companies, condo or co-op boards, and mortgage lenders will all want to see them before they’ll sign off on the sale.

Letters testamentary also give you access to the property (even in cases where it’s sealed by the police). They allow you to do important things like changing the locks to protect the home while it’s on the market.

For a deeper dive into everything you might need letters testamentary for (including a few surprises you might not have thought of), see my longer post on how to sell a deceased person’s house.

How to obtain letters testamentary in New York?

To get letters testamentary in New York, you’ll need to file a court petition and provide key documents.

What documents are needed for letters testamentary in New York?

You will need everything on this checklist:

1. The petition itself and any affidavits
2. The original will: The court won’t accept copies, so you must file the original.
3. Original death certificate: Make sure to order 10 or more originals from the funeral home.
4. Contact information for next-of-kin: The New York probate process requires you to notify all next-of-kin, even if the will cuts them out.
5. Court filing fee: Usually ranges from $215 to $1,250 based on the size of the estate.

How to get letters of administration in New York Surrogate’s Court?

The process for obtaining letters of administration in New York Surrogate’s Court is similar, but with a few extra steps. You may need to show proof of any funeral expenses that have been paid. The court also usually requires a bond (essentially an insurance policy or financial guarantee) for whoever’s serving as the administrator.

Working with a New York probate attorney can make both processes smoother, since they’ll know exactly what paperwork the court requires and how to avoid common delays.

How long does it take to get letters of administration in New York?

Getting letters of administration can take anywhere from a couple of weeks (if you’re really lucky) to several months. Like most things in probate, it depends on how complex the estate is.

If your mom left behind just a few simple assets, and you and your sister are the only heirs (and you get along), getting letters of administration will likely go fairly quickly.

But if your mom also had seven siblings who all expect a share, and there’s family drama or disputes, you’re probably looking at a longer timeline.

What are common mistakes when applying for probate letters in New York?

There are a few mistakes that can cause major delays or even make you start over.

Sometimes the wrong person files the petition. Maybe a child tries to apply instead of the surviving spouse, or one of four siblings with bad credit starts the application and can’t qualify for a bond. When that happens, the process has to start all over.

Again, some people simply can’t serve as executor or administrator. That includes anyone with a felony conviction or someone who isn’t a US citizen and doesn’t live in New York.

Avoiding these common mistakes upfront can save a lot of headaches and weeks or even months of delay.

How long are letters testamentary good for in New York?

Letters testamentary are usually good for about six months, but you can refresh them if needed.

Why refresh? When selling a deceased person’s property, banks and title companies typically want “fresh letters,” or documents issued within the last six months. Some institutions or co-ops are even stricter and may want letters dated within the past 30 days.

Since selling a house often takes longer than six months, you’ll usually need to order fresh letters right before closing. It’s basically a way to reassure everyone that your authority is current and valid.

How to get updated letters testamentary in New York?

Getting updated letters testamentary typically requires a small filing fee (around $6). As long as your case is in good standing, you should be good to go.

That said, a few things can trip you up. If your bond isn’t up to date (maybe you haven’t paid a recent premium), the court may hold up your request. Or sometimes the court will want proof that you’ve filed an inventory of assets or an affidavit explaining the current status of the estate.

Once everything’s in order, the court will issue the updated letters and you’ll have the authority you need for your next steps, like closing on the property sale.

If someone died in New York owning property, we handle the entire estate: probate, executor, and property sale. One firm does it all.

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